Published: March 5, 2015 06:00 PM In the September 24, 2013 judgment, the Kuala Lumpur High Court granted an injunction to block Salahuddin from further publishing or repeating false and defamatory statements relating to the airline’s safety record, as well as a claim that one of its planes had crashed upon landing.— Reuters pic KUALA LUMPUR, March 5 — AirAsia said today it has started legal proceedings to declare a blogger bankrupt after the latter failed to pay RM5 million over defamatory remarks against the airline. “AirAsia who obtained a judgment and an injunction in a defamation suit against blogger Salahuddin bin Hisham (anotherbrickinwall.blogspot.com) has proceeded to file bankruptcy proceedings against Salahuddin for failing to pay the RM5 million aggravated and exemplary damages awarded by the Kuala Lumpur High Court in September 2013,” the low-cost carrier said in a brief statement today. In the September 24, 2013 judgment sighted by Malay Mail Online, the Kuala Lumpur High Court granted an injunction to block Salahuddin from further publishing or repeating false and defamatory statements relating to the airline’s safety record, as well as a claim that one of its planes had crashed upon landing. The defamatory statements were published on the blog “Another Brick in the Wall” on April 9, 2013 in an article titled “AirAsia crash?”. Salahuddin was also ordered to remove the article within a day of the court’s ruling. The court also ordered Salahuddin to publish a statement to declare the article as untrue, as well as an unconditional apology according to AirAsia Berhad’s terms within three days from the court order. Besides being ordered to pay RM5 million in damages to AirAsia Berhad, the blogger was also ordered to publish an unconditional apology in local papers The Star and New Straits Times in a weeks’ time from the court the order. According to the judgement by Justice Datuk Nor Bee Ariffin, the blogger did not enter an appearance for the case. It is unclear if Salahuddin has complied with all the points in the judgement, but the blog post was still accessible at the time of writing. – See more at: http://m.themalaymailonline.com/malaysia/article/airasia-wants-blogger-declared-bankrupt-for-failing-to-pay-rm5m-defamation#sthash.RdFgWiMM.dpuf

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It is utter baffling that the so-called ‘most successful low cost carrier’ resort through legal means to resolve a blogger’s posting. Considering that then AirAsia CEO Tony Fernandes is known for his media sophisticated savviness, prowess and reach.

It is unsure whether Fernandes or any of his media/PR team ever established an attempt to engage the blogger/bloggers in question. Even if the posting was erroneous.

Probably as a slick and media savvy award-winning entrepreneur and corporate executive if not a market giant, Fernandes should have seriously made positive and progressive attempts to engage ‘hostile bloggers’.

After all, these cyber writers represent a handful segment of society who are blog-savvy. More over, those who have some degree of ‘indirect influence’ on some of the opinion makers.

Unless Fernandes in his sordid blog-blindedness, fail to understand that bloggers such as Another Brick in the Wall did contribute many times to make the world being run or influenced by corporate citizens in this blessed nation, a better place.

Another real brick about this wall is that as far back as we can remember, it has never been established who is or are person/s writing and posting stories in this blog.

It is also unsure whether the blogger/bloggers behind one of the oldest right wing SOPO blog was/were served the writ to defend him/her/themselves in a civil court in 2013.

It is very interesting to note and analyse by bankrupting this blogger/group of bloggers, would the perception towards AirAsia is actually better or actually improved?

At the end of the day, the perception and comfort of majority users are defined by their own personal experience and what were reported in the mainstream media.

This include accidents/mishaps/equipment malfunctions, regardless or not bloggers are erroneous in their postings. It is not nice to be reminded that when it rains, it pours.

Let us just hope if this Salahuddin Hisham is wronged by this bankrupcy judgment, he would now stand up and put it aside. Individuals shouldn’t be bullied by corporate entities.

For Another Brick, if there is any consolation; just remember this story about an encounter Sir Winston Churchill had with one Viscountess Astor at Blenheim Palace in 1912.

Lady Astor: “’You are drunk Sir Winston, you are disgustingly drunk”

Churchill : “Yes Madam, I am drunk. But you are ugly and disgustingly fat. Tomorrow morning, I, Winston Churchill will be sober and you will still be fat and ugly.”

Another Brick will be alright some time in the future, but that bugger – he will still belong to the same lowly caste that he was born with. If he repent, maybe his god will allow him to be reborn as a Jackass in his next life.

It’s the ruthlessness of the man. That separates Tony Fernandes from the ranks of Winston Churchill. Churchill was doggedly nationalistic and patriotic. He withstood the relentless aerial bombing by Hitler against all odds, fully supported, encouraged and fervently prayed for by the entire nation. And he persevered.

Tony Fernandes is not known for patriotism. In fact, when frustrated at events concerning shares and loss of his directorship in MAS, he stormed out of the country, bringing his Air Asia headquarters and “Indian pilots” to Jakarta.

He must have found the Indonesians less than welcoming. He brought back his HQ to Malaysia and gulped his saliva. And when an Air Asia plane fell into the sea in bad weather off Sumatra recently, at least one sector of the Indonesian authorities blurted out that his Indonesian pilot did not check the weather forecast at the relevant pre-flight office, another sector saying Air Asia was not supposed to take that route, etc.

Pandai pandai tupai melompat, says the Malay proverb. Many must have wished that on him for his arrogance and ruthlessness that has been proven in the case of his action on the poor blog owner. Many have also said that one aircraft falling and sinking accident can lead to the sinking of an entire airline The cost of paying insurance to the passengers’ families are extremely high. Like insurance on cars, the aircraft insurers won’t pay the full amount of Air Asia’s insurance claims.

Tony Francis may not bite the humble pie but his planes may not arrogantly roar in the skies. No more unauthorised routes and such.

There are only a few multi-millionaire bloggers. Like Zaid Ibrahim. And you also do not know whether “the poor blog owner” is actually poor. Your words against ours. In this blog, we win. Definitely and surely.

So is the opinion on Tony Fernandez. You wanna survey the opinions expressed in here on him in the past? I don’t think so. So, accept our words. Or keep being rheumatic. When we prick.

On March 7, 2015 at 14:41 ray said:

Haiya rhuematist

“Poor” as in an expression of sympathy lah dol. The large sum involved reflects AA greed and vindictiveness. The gracious way would be to counter the allegations and offer a chance for the blogger to apologise.

This would have been a far superior public relations exercise. And would have saved AA millions of advertising cost.

“Consumers’ freedom of choice” ?? So should not ALL blog readers be given that very same CHOICE – to beleive or not to believe bloggers’ posting.

Why support a stupendous defamation suit when it effectively obstruct freedom of expression. You have proved yourself a double standard HYPOCRITE.

On March 6, 2015 at 08:08 sigh said:

What Another brick says on Air Asia safety is true. many incident happens and some appear in News. Recent one if the Indonesian flights. Why AIr ASia has to jump the seat? Just prove to teh word that they are the ‘Word Safetest Airline’ to fly with, easy as that!. Now everybody can fly … with peace in the mind and Safety is Priority.

If the insurance companies don’t pay, it’ll be a disaster for Air Asia. Even if they pay but not the full amount of losses suffered, it’ll still be a big sod on Tony’s fat belly.

Yes, the cost of the aircraft may not be that much and, like a motor vehicle, will be paid by the insurance even if the pilot makes mistakes. But I wonder what the insurance coverage is for death of pax due to pilot negligence.

Sad if AA has to fold. There goes cheap travelling for us. But there are other cheap airlines for sure. The problem with Tony Fernandez is his sombong-ness and doggedness in pursuing a blogger to bankruptcy. He has less sympathies in situations like AA mishap.

Some of those ruthless and arrogant buggers become successful in business. But people will rub their hands, even pray for the time when God shows them retribution for their cockiness and extremity in pursuing their wins. Take no prisoners as the wicked General says.

Well, I have news for such generals. However strong they may be, “there’s a tide in the affairs of men ..”, said William Shakespeare, of Emperors and Roman generals 2,000 years ago. The same is true now.

The Air Asia plane falling into the sea recently will lead to low tide for this obnoxious Tony Fernandez? If so, those rubbing their hands will clap. Such is the nature of man.

Dung by any different name and adjectives and packaging is still dung.

The pretentious Windsor accent still doesn’t justify one’s attendance in respectable institution such as the Epsom School.

More and more Malaysians slowly but surely have been ‘awakened’ and emancipated from the lull from one’s incorrigible pretentious appearance, salesmanship laced around sugar coated falsehood and incurable greed, at the expense of plebs.

For giant with gargantuan might to go after a fly with sledgehammers and medieval battle axes demonstrates playing fair was never one’s trait.

Otherwise, it is a mark of a gentleman of someone immensely worthy who wholesomely benefitted from the British education system. Particularly, as a product of the public school system.